Employment and labor laws in New Hampshire [Updated 2024]

Labor and employment laws have been on the books for decades with the goal of protecting employees. Whether to stamp out discrimination, improve workplace safety, or safeguard privacy, employers can face serious consequences if they’re not compliant with a bewildering mix of federal, state, and local laws and regulations. 

Every state has different compliance requirements, which can make it difficult for employers to stay on top of things. New Hampshire is no different. If you’re hiring and operating in the Granite State—be it in Concord, Manchester, or Nashua—it’s critical to understand and adhere to the state’s laws.

Rippling’s Professional Employer Organization service can manage local tax registration and handle the complexities of state-specific laws—eliminating compliance guesswork and allowing you to scale your business faster. 

Employment vs. labor law: What’s the difference?

The terms "employment law" and "labor law" are often used interchangeably, and while they have some similarities, there are distinct legal differences between them. The primary difference comes down to the parties involved. Employment law concerns the relationship between an employer and individual employee, whereas labor law pertains to the relationship between an employer and a collective group, like a union.

Here’s what employment and labor laws each encompass:

• Employment law covers areas like hiring and termination practices, workplace discrimination, hours, wages, overtime, workplace safety, benefits, and leave entitlements.
• Labor law addresses matters like union organization, membership and dues, collective bargaining agreements, strikes, picketing, and arbitration.

Wages and hours in New Hampshire

New Hampshire’s minimum wage rate is set by the Department of Labor, and it’s currently tied to the federal minimum wage law (see below). The state has adopted pay transparency legislation and also has strict regulations covering work hours, breaks, overtime, and more.

Minimum wage in New Hampshire

As of 2023, the minimum wage in New Hampshire is $7.25 per hour, which is the same as the federal minimum wage. There are exemptions for some workers, including outside sales, farm labor, and minors.

Tipped employees—generally those whose paydays come from working in the hospitality/tourism industry—who make more than $30 per month in tips must receive a base hourly rate from the employer of not less than 45% of the current minimum wage. In 2023, that would be $3.2625 per hour.

There are no state initiatives to raise the minimum wage, but if the federal wage increases, New Hampshire will follow.

Rippling ensures you stay compliant when setting hourly wages by automatically flagging minimum wage violations based on the state regulations where an employee is located.

Overtime pay in New Hampshire

Sometimes, there are situations where employees have to work beyond their typical hours. When this happens, employers are required to compensate them for the extra time worked. New Hampshire follows the Fair Labor Standards Act (FLSA) and requires non-exempt employees who work more than 40 hours in any workweek to receive an overtime rate of 1.5x their regular rate of pay. Employers aren’t required to pay overtime for weekends, holidays, or in excess of eight hours per day (unless it puts the employee over 40 hours in that week).

Rippling’s payroll software can help you comply with New Hampshire’s overtime rules. It automatically applies the correct rates when an employee’s hours trigger overtime pay requirements. 

Pay transparency in New Hampshire

Across the US, many states are considering and passing legislation that requires employers to reveal salary ranges. The reason? They’re seeking to prevent wage disparities based on factors like gender, race, and age. Put simply: equal pay for equal work. 

New Hampshire has yet to pass pay transparency legislation, but it does have several regulations that touch on pay transparency: The state’s equal pay legislation and law on discriminatory practices protect an employee’s right to ask about and discuss their wages with coworkers.

Rippling enforces compensation bands during onboarding and flags out-of-band adjustments, so you can green-light special cases and block others as needed.

Breaks and rest periods in New Hampshire

In New Hampshire, employers must give employees who work five consecutive hours an unpaid 30-minute meal break. If the employer can’t provide the break, then the employee must be paid if they are eating and working simultaneously. 

There is no state or federal obligation for employers to provide rest breaks, although they can choose to do so. 

Leaves of absence in New Hampshire

Sometimes, employees need to take time off outside of a planned vacation. This could be for medical treatment, to take care of a family member, or to deal with a personal matter. Employers in New Hampshire are required to offer certain types of leave.

Under the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave for a variety of reasons:

• An employee’s own serious health condition
• To care for a family member with a serious health condition
• The birth of a child and to care for a newly born child
• The placement of a foster or newly adopted child with the employee 
• An injury or qualifying emergency with an employee’s family member who is considered an active duty member of the military 

The New Hampshire Paid Family Leave Plan (NH PFML) offers partial wage replacement for up to six weeks of leave for eligible medical and family reasons (similar to the FMLA). This plan is voluntary for private employers. If an employer chooses to participate, employees can receive 60% of their average weekly wage.

Jury duty leave

Employers are required to give employees selected for jury duty unpaid, job-protected leave. The employer can’t threaten to penalize or fire the employee, and they can’t ask the court to excuse the employee from service. 

Victim of crime leave

The Crime Victim Employment Leave Act requires employers with 25 or more employees to allow an employee who is a victim of a crime (or an immediate family member) to take unpaid leave to attend court or other proceedings related to the prosecution of the crime. 

Military leave

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires all employers to protect workers called to active duty. Employees can take up to five years of unpaid leave and be reinstated upon their return. New Hampshire law provides the same rights to employees called up to the New Hampshire National Guard.

Pregnancy disability leave in New Hampshire

Employers with six or more employees must comply with New Hampshire’s anti-discrimination law (RSA 354-A:7, VI). It provides employees experiencing pregnancy-related medical conditions the right to take leave and return to work until the end of the pregnancy. There are additional protections under the FMLA and the federal Pregnancy Discrimination Act.

Paid sick leave in New Hampshire

Employers aren’t required to offer paid sick leave in New Hampshire. However, as noted above, the Paid Family and Medical Leave plan is a voluntary state program that provides workers with up to six weeks of leave at 60% of their average weekly wage.

Rippling allows you to customize and automate your leave policy—and you’ll get full visibility into how your employees utilize their leave.

Workplace safety in New Hampshire

Employers are responsible for providing and maintaining a safe working environment for their employees. This includes supplying safe equipment, proper training, and implementing company-wide safety policies and procedures.

New Hampshire employees are covered by federal Occupational Safety and Health Act (OSHA) regulations. These laws were established to protect employees from unsafe working conditions. Only private sector and federal employees are covered under OSHA in New Hampshire.

OSHA’s responsibilities cover a number of areas, including: 

• The establishment and enforcement of regulations (general and industry-specific) to protect the safety and health of workers
• The regular inspection of workplaces to make sure that OSHA standards are being met
• Helping employers and employees understand their rights and duties through training and education programs

New Hampshire requires employers to develop a written Injury and Illness Prevention Program (IIPP) to inform employees about hazards in the workplace and their rights. 

With Rippling PEO, you can pay as you go for workers’ compensation plans—instead of paying upfront for the whole year—giving you more flexibility to scale your business in New Hampshire and elsewhere in the US.

Discrimination and harassment laws in New Hampshire

Like many states, New Hampshire has comprehensive legal protections to help prevent discrimination and harassment. The state’s Law Against Discrimination (RSA 354-A) covers housing, public accommodation, and employment and makes discrimination and harassment a crime. 

The New Hampshire Commission for Human Rights enshrines the right to obtain employment without discrimination based on:

• Age
• Sex
• Gender identity
• Sexual orientation
• National origin
• Race
• Creed
• Color
• Marital status
• Physical or mental disability

In addition, the Department of Labor enforces pay equality under Discrimination in the Workplace legislation (RSA 275:37). It states that employers must pay equal wages for equal work.

Employers must comply with anti-discrimination laws for the entire employment relationship, from hiring to termination. For example, employers can’t fire someone due to race or gender identity or pay different wages based on sexual orientation. 

New Hampshire and federal laws consider harassment to be a form of discrimination. Harassment occurs when an employee is subject to unwelcome behavior based on the protected characteristics listed above. This unwelcome behavior might be in the form of offensive jokes, threats, physical or sexual assault, inappropriate objects or photos, or other conduct that interferes with the employee’s well-being and performance in the workplace.

It’s important to differentiate between minor, one-off occurrences, which may not fit the legal definition of harassment, and recurring conduct. If the employee has to endure a hostile work environment to remain employed, that can be deemed harassment and considered illegal.

Requirements for employers to provide sexual harassment training vary from state to state. While New Hampshire has no legal requirement to provide such training, it’s still a good idea to do so. Rippling’s Learning Management System is pre-loaded with core sexual harassment training courses to ensure your employees stay up to date with local and federal regulations, regardless of where they live. 

Keep in mind, employers are responsible for their own actions and the actions of their employees—even if they were unaware of such activity.

Unions in New Hampshire

A labor union is established when a group of employees come together to advance work-related issues, such as pay and conditions. Collective bargaining is the negotiation process that takes place between the union and the employer, resulting in an agreement about wages, working conditions, and other job-related matters.

Unions’ rights are guaranteed by federal law. Under the National Labor Relations Act (NLRA), employees have the right to:

• Join or form a union to negotiate with their employer.
• Engage in union activity to improve working conditions, compensation, and benefits.
• Strike and picket, depending on the grounds.
• Choose or request union representation.
• Vote in union elections.

It's important to note that under the NLRA, it’s illegal for employers to threaten or penalize employees based on their decision to support or decline to support a union. Likewise, unions can’t threaten employees with any adverse actions if they don’t support the union.

In addition to the NLRA, there are some state-level union-related regulations, like “right-to-work” laws. New Hampshire has not adopted right-to-work legislation, which means that private employers in the state can require employees to join a union as a condition of their employment. A recent right-to-work bill, SB 61, failed to pass in 2021.

FAQs about New Hampshire labor and employment laws

Are independent contractors covered under New Hampshire employment laws?

It depends on the law, but in New Hampshire, most employment regulations only apply to employees, not contractors. You can make sure you’re classifying your workers correctly and complying with employment laws with our handy analyzer tool.

Does at-will employment exist in New Hampshire?

Yes, at-will employment exists in New Hampshire. It means employers can fire employees at any time without warning or cause. Employees may also quit at any time without notice.

What privacy rights do employees have in New Hampshire?

SB 255-FN is a comprehensive privacy legislation modeled after Virginia, Colorado, and Connecticut’s privacy laws that passed in January 2024. New Hampshire also has some broad statutes that cover some areas. RSA 91-A:5, IV has been interpreted to cover internal HR practices, including financial information and personnel files.

Are background checks legal in New Hampshire?

Yes. Employers in New Hampshire can conduct background checks on job applicants and employees but must follow rules about what they can ask and when. Federal laws covering background checks include the Fair Credit Reporting Act (FCRA), Title VII of the Civil Rights Act, and the Fair Chance to Compete for Jobs Act (FCA). New Hampshire’s HB 253 prohibits public employers from inquiring about or conducting a criminal background check on a prospective employee before an interview unless required by state or federal law. This is known as “ban the box.” 

Are whistleblowers protected in New Hampshire?

Whistleblowers are protected in New Hampshire. In fact, there are two laws. The Whistleblowers' Protection Act (RSA 275-E) protects both public and private employees who report alleged violations of laws and employees who refuse to participate in such violations. The New Hampshire False Claims Act protects whistleblowers who report attempts to defraud the state (i.e., false claims for payment).

Is workers’ compensation coverage required in New Hampshire?

Yes. New Hampshire Workers' Compensation Law requires every employer with full- or part-time employees to provide workers’ compensation insurance. This includes family members. Sole proprietors, partners, and those who are self-employed aren’t required to carry coverage but may choose to be covered. Sub-contractors may be required to have their own coverage. 

Are there required healthcare benefits in New Hampshire?

Under federal law (Affordable Care Act), any employer with 50 or more full-time employees is required to provide healthcare benefits. The New Hampshire Paid Family and Medical Leave plan may be available, but it’s a voluntary program, and employers and employees aren’t obligated to participate. 

Are New Hampshire employers required to provide bereavement leave?

New Hampshire state law doesn’t require employers to provide employees with bereavement leave or leave to attend funerals. However, many employers offer their employees unpaid leave as company policy.

What employee protections are available in New Hampshire if layoffs occur?

New Hampshire businesses that are covered by the federal Worker Adjustment and Retraining Notification (WARN) Act are required to give employees 60 days’ notice before layoffs. In addition, employers must report any temporary or permanent layoff of 25 or more workers to the New Hampshire Department of Employment Security. Any laid-off employee must be paid their final wages, including the current pay period, by the next regular payday.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.